Amended guidance issued under section 182 of the Licensing Act ...

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• Encouraging greater community involvement in licensing decisions and giving local residentsthe opportunity to have their say regarding licensing decisions that may impact upon them.THE GUIDANCE1.6 Section 182 of the 2003 Act provides that the Secretary of State must issue and, fromtime to time, may revise guidance to licensing authorities on the discharge of their functionsunder the 2003 Act.PURPOSE1.7 The Guidance is provided to licensing authorities in relation to the carrying out of theirfunctions. It also provides information to magistrates’ courts hearing appeals againstlicensing decisions and has been made widely available for the benefit of operators oflicensed premises, their legal advisers and the general public. It is a key mechanism forpromoting best practice, ensuring consistent application of licensing powers across thecountry and for promoting fairness, equal treatment and proportionality.1.8 The police remain key enforcers of licensing law. The Guidance has no binding effect onpolice officers who, within the terms of their force orders and the law, remain operationallyindependent. However, the Guidance is provided to support and assist police officersin interpreting and implementing the 2003 Act in the promotion of the four licensingobjectives.LEGAL STATUS1.9 Section 4 of the 2003 Act provides that, in carrying out its functions, a licensing authoritymust ‘have regard to’ guidance issued by the Secretary of State under section 182. Therequirement is therefore binding on all licensing authorities to that extent. However, theguidance cannot anticipate every possible scenario or set of circumstances that may ariseand, as long as licensing authorities have properly understood the Guidance, they maydepart from it if they have reason to do so as long as they are able to provide full reasons.Departure from the Guidance could give rise to an appeal or judicial review, and the reasonsgiven will then be a key consideration for the courts when considering the lawfulness andmerits of any decision taken.1.10 Nothing in this Guidance should be taken as indicating that any requirement of licensinglaw or any other law may be overridden (including the obligations placed on any publicauthorities under human rights legislation). The Guidance does not in any way replace thestatutory provisions of the 2003 Act or add to its scope and licensing authorities shouldnote that interpretation of the 2003 Act is a matter for the courts. Licensing authoritiesand others using the Guidance must take their own professional and legal advice about itsimplementation.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 20035
LICENSING POLICIES1.11 Section 5 of the 2003 Act requires a licensing authority to determine and publish astatement of its licensing policy at least once every five years. The policy must be publishedbefore it carries out any licensing functions under the Act.1.12 However, determining and publishing a statement of its policy is a licensing function and assuch the authority must have regard to the Secretary of State’s Guidance when taking thisstep. A licensing authority may depart from its own policy if the individual circumstances ofany case merit such a decision in the interests of the promotion of the licensing objectives.But once again, it is important that it should be able to give full reasons for departing fromits published statement of licensing policy. Where revisions to this Guidance are issued bythe Secretary of State, there may be a period of time when the licensing policy statementis inconsistent with the Guidance (for example, during any consultation by the licensingauthority). In these circumstances, the licensing authority should have regard, and giveappropriate weight, to the Guidance and its own existing licensing policy statement.LICENSABLE ACTIVITIES1.13 For the purposes of the 2003 Act, the following are licensable activities:• The sale by retail of alcohol;• The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club;• The provision of regulated entertainment; and,• The provision of late night refreshment.Further explanation of these terms is provided in Chapter 3.AUTHORISATIONS1.14 The 2003 Act provides for four different types of authorisation, as follows:• Premises licence – to use premises for licensable activities.• Club premises certificate – to allow a qualifying club to engage in qualifying club activitiesas set out in Section 1 of the Act.• Temporary event notice – to carry out licensable activities at a temporary event.• Personal licence – to sell or authorise the sale of alcohol from premises in respect of whichthere is a premises licence.6 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
Page 4: Contents1. Introduction............
Page 11 and 12: 2.10 A condition must also be capab
Page 13 and 14: • Ensuring appropriate and freque
Page 15 and 16: SAFE CAPACITIES2.28 “Safe capacit
Page 17 and 18: 2.38 Measures to control light poll
Page 19 and 20: 2.49 The 2003 Act provides that, wh
Page 21: alcohol to its customer, an authori
Page 25: --have given an objection notice be
Page 28 and 29: 4.26 Only one DPS may be specified
Page 32 and 33: y the licence, it would be necessar
Page 34 and 35: to the statutory conditions in resp
Page 36 and 37: VEHICLES5.19 Under the 2003 Act, al
Page 38 and 39: 5.29 Venues that are permanent or p
Page 40 and 41: 6.7 The 2003 Act does not prevent v
Page 42 and 43: 7. Temporary event notices (TENs)7.
Page 44 and 45: STANDARD AND LATE TEMPORARY EVENT N
Page 46 and 47: licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
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8.41 All parties are expected to wo
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variations, there is no right to a
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LICENSING HOURS8.62 Variations to t
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unenforceable. This would be accept
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8.81 Licensing authorities in Wales
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8.93 When a person applies for a pr
Page 68 and 69:
to take place pending a formal appl
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9.5 It is for the licensing authori
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may (in a case where it has applied
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HEARINGS9.27 Regulations governing
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considered on a case-by-case basis.
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CONSISTENCY WITH STEPS DESCRIBED IN
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10.27 Licensing authorities may wis
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prohibit a number of types of drink
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10.50 The following factors should
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alcohol included in it or not targe
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10.70 As well as making the drinks
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11. ReviewsTHE REVIEW PROCESS11.1 T
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11.12 If the application for a revi
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11.22 For example, licensing author
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• for unlawful gambling; and• f
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LICENSING POLICY STATEMENTS AND SEC
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13. Statements of licensing policy1
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13.12 Statements of policies should
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EVIDENCE OF CUMULATIVE IMPACT13.23
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EFFECT OF SPECIAL POLICIES13.29 The
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• Police enforcement of the gener
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the 2003 Act and any licence or cer
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PROMOTION OF EQUALITY13.59 A statem
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14. Suspension for non-payment of f
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15. Live music and regulated entert
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audience and are provided to, at le
Page 121 and 122:
SPONTANEOUS MUSIC, SINGING AND DANC
Page 123:
Published by TSO (The Stationery Of
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